Dog Bite Lawyers in Houston

Table Of Contents

Dog bites and attacks cause numerous deaths and serious disfiguring injuries every year in and around Houston. Children are especially vulnerable to getting attacked. If you or your child are injured by a dog attack, seek an experienced Houston personal injury lawyer at Michael P. Fleming & Associates. Click here to start the process and see if you have a claim.

Dog Bites: Who Is at Fault?

While any dog can bite, German Shepherds are among those most likely to attack.

When a dog bites or otherwise attacks a person, the owner can be held liable. How do you win a dog bite case?

Often, such liability is covered by a homeowner’s insurance policy of the dog owner.

To prove liability for a dog attack, general negligence factors are analyzed. Basically, if the owner knew or should have known that the dog was capable of biting or attacking a human, they could be held liable for the injuries.

Some breeds of dogs attack more than others. Furthermore, if the owner is in violation of any governmental regulation such as leash or containment laws or ordinances, the liability could be greater.

The lawyers at Michael P. Fleming & Associates, P.C., help you navigate the judicial system and any questions you have about dog bites and who is responsible.

Dog Bite Liability in Texas

When it comes to dig bites, who is responsible? Who should pay for the dog bite?

Texas is considered a “one bite state” because it does not specifically have a law about dog bites. As a result, someone cannot recover damages from a dog owner if the dog has not previously bitten another person or behaved in a way that suggests that it was about to bite another person.

However, those who are bitten by dogs may be able to sue the owner for negligence.

Under Texas law:

A dog owner can be sued if he or she did not take the necessary steps to ensure that the dog did not injure someone else.

Someone can be sued if they witness their dog initiating an attack on someone, but does nothing to stop it when it is in progress.

A landlord can be sued for knowingly having a vicious dog on the property and failing to protect tenants.

In addition, Texas has a bystander law that allows someone who witnessed a dog attack — someone close to the victim, like a sibling, parent or child — to sue the owner. This law recognizes that witnessing such an attack can cause emotional distress, therefore you may be eligible for damages when being present during a dog attack.

Dog bites can be serious, and in extreme cases, they can even lead to the death of the victim.

After you have been treated for your injuries, if you want to hold the dog owner legally responsible for the incident, contact a qualified personal injury attorney.

At Michael P. Fleming & Associates, P.C., we will talk to you about how much dog bite compensation you may be able to obtain for your injury.

You may be eligible to receive compensation to pay for your medical bills, pain and suffering, and lost wages.

What Dog Breeds Bite Most Often

The Pit Bull dog is one of the most likely to bite or attack a human. It can also cause the most severe injuries and death.

Dogs are said to be man’s best friend. However, over 4.5 million people are bitten by dogs each year in the United States.

Our dog bite lawyers are also kept busy helping folks who have been attacked. In 2011, 31 fatal dog attacks occurred in this country, with 45% of these fatal attacks being by a dog outside of the family.

Texas, along with California, leads the country with the highest number of fatal dog attacks.

Many factors have been shown to play a role in a dog attack — breed, gender and neutering.

Studies have shown that male dogs are over 6 times more likely to bite a person than female dogs. Also, neutered dogs are less likely to attack than dogs who remain intact. Furthermore, the frequency of attacks and degree of resulting harm to victims differs with the breed.

A recent study tracked dog attacks from 1982 to 2011, and examined the relation between a breed type and the number of attacks on humans. As is often speculated, pit bulls, rottweilers, wolf hybrids, and their close mixes lead the pack in attacks on people; they account for 77% of attacks that result in bodily harm.

Moreover, this category is responsible for 73% of the attacks on children and 81% of the attacks on adults. And, most frightening is that nearly 80% of attacks by these breeds result in a severe maiming or disfigurement of their victims(s) and nearly 70% of the attacks result in death.

Although there appears to be a greater incidence of death resulting from attacks by this category of breeds, this does not mean that these breeds are solely responsible for the startling number of dog bites to people each year.

Studies show that any dog can bite, but the degree of injury is more severe and the likelihood of a resulting fatality is greater among attacks by pit bulls and their closest relatives.

Dog attacks result in costly medical treatment as well as physical pain and emotional scarring. Nearly one-fourth of the 4.5 million people bitten each year by dogs in the United States require medical attention.

A dog attack victim can experience many medical complications resulting from an attack including infection of the wound site, and prolonged healing times.

Furthermore, these injuries can often times require surgical intervention including reconstructive or scar revision surgeries.

The emotional scars left behind on the victims of dog attacks and their families are often the worst and hardest to address.

“I recently retained Michael Fleming. He was very professional, courteous, and knowledgeable. Attorney Fleming advised me of the best course of action and he promptly executed all of the legal paperwork. I was extremely happy with everything he did. The communication was quick an he was always available to answer any questions. I will definitely use him again. I highly recommend Michael Fleming to anyone needing an attorney. When you need an attorney, experience matters and Fleming is very experienced.” Continue reading →

- Scott

Types of Dog Bite Injuries

A number of studies have shown that the highest percent of injuries from dog bites affect children aged five (5) to nine (9).

To make matters worse, the most of the bites injure the head, face and neck. Injuries can include:

Cuts and lacerations of the skin causing bleeding

Broken blood vessels and bones

Nerve and muscle damage

Disfigurement

Physical impairment

Who will pay if I bring a claim for a Dog Bite?

Dog bite victims often wonder if it is worth pursuing a claim against an individual for the pain and suffering, medical expenses and other damages caused by a dog attack. The fact is that people often have insurance coverage that will provide the compensation you or your child deserves. We have had great success pursuing dog bite claims against people who have homeowner’s insurance. These policies usually provide liability protection which would cover dog bite claims. We have also seen situations where an auto insurance policy can cover a dog bite. Certainly, if the attack takes place on the property of a business, the commercial insurance policy should provide coverage.

Treatment and Risk of Infection

Dog bite injuries require immediate medical attention primarily because of the risk of infection. This is usually treated with antibiotics, however there are more serious infections like Tetanus and Rabies.

Tetanus, which is also referred to as lockjaw, can be fatal. It causes muscle spasms which can be so severe that they can cause bones to fracture and affect your ability to breath. Most people would have been immunized for tetanus as a child but if it has been more than 10 years since immunization, you will likely require a booster shot if you have been bitten by a dog.

Rabies is another serious infection that can cause an acute inflammation of the brain and affect the central nervous system. Like tetanus, rabies is transmitted through a bite from infected animals like dogs. A series of injections may be required to prevent rabies after you have been bitten.

To treat cuts and lacerations stitches will be required for bites that penetrate and puncture the skin. Depending on the severity of the bite, victims may be left with permanent scarring and disfigurement.

What You Can Do To Prevent Bites

Dogs may be man’s best friend, but they are not always friendly — especially when they are around young children.

The Golden Retriever is one of the least likely dogs to attack a human.

In order to protect your children from dog bites, the National Institutes of Health suggests that parents provide their children with dog bite prevention education.

Some important tips include;

Always be careful when visiting friends and relatives who have dogs, but no small children. Chances are, their animals are not used to being around small children and may react negatively – and even become jealous – when a small child is around.

Teach your children never to approach an unfamiliar dog.

Keep your children away from dogs that have a history of aggression.

Tell your child how to behave when approached by a dog. Namely, children should stay calm, stay still, and avoid eye contact with the animal.

No matter what the circumstances you should always be sure to keep a watchful eye on your child whenever he or she is around a dog, whether it is familiar to you or not.

What are some of the defenses in Dog Bite Cases?

Not every dog bite or dog attack means that the owner is liable for damages. Some defenses raised by dog owners include common-sense situations such as:

The dog was provoked. If somebody was intentionally trying to hurt the dog before the attack, there may be a defense that this caused the attack. However, this does not prevent liability when a child is attacked if the owner was negligent in letting the dog get too close to the kid.

Trespassing. Certainly, people have guard dogs to protect their property from trespassers and criminals. If a dog is kept in its enclosed property and a trespasser is attacked, the owner could claim that the trespasser was owed not duty to protect it form the dog. This defense would not apply to people who have permission – express or implied – such as meter readers or postal workers.

If you or a loved one has been the victim of a dog attack, contact Houston, Texas, Superlawyer Michael P. Fleming to discuss your claim immediately.

Our lawyers are versed in dealing with the injuries you have experienced and the demands of these claims.

“My Wife and I were represented recently by Mr. Fleming and Associates for a personal injury case. I have had a previous case for a real estate transaction represented by Mr. Fleming that went to a Jury trial. I have been very satisfied with both cases. Fleming and his Associates are top notch Attorneys. I would recommend them to anyone who wants the very best representation available.”

- Jerry

Giving back to the community is clearly something that this law firm takes very seriously…

“Michael P. Fleming & Associates, P.C., was gracious enough to award me with a law school scholarship this year. Giving back to the community is clearly something that this law firm takes very seriously. I am extremely grateful for this honor!”

- Christina

…this is the guy to go to

“Attorney Fleming is a great lawyer. He really understands what he is doing and finds the best ways to help you out with a case. If you ever need a lawyer, this is the guy to go to.”

- Richard

Awards & recognitions

* all ratings apply to Michael P. Fleming and are current as of this year

* all ratings apply to Michael P. Fleming and are current as of this year

At our law firm our attorneys offer exceptional representation to those who have suffered serious injuries in all types of accidents. We have received some of the highest reviews and ratings of any Houston personal injury lawyer. One of the unique aspects of our law firm is that when you are a client you will be in direct contact with the lawyer handling your case. We strive to keep our clients involved and informed in the handling of their case so they know what to expect and when to expect it.